On November 7, 2011, the Information and Privacy Commissioner/Ontario (“IPC”) issued a significant order for Ontario universities. It held that the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request under the Freedom of Information and Protection of Privacy…
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Stephen Shamie Quoted in Queen’s Law Reports
Hicks Morley partner Stephen Shamie was quoted in the 2011 edition of Queen’s Law Reports. In an article entitled “Centre for Law in the Contemporary Workplace,” Stephen comments on the end of mandatory retirement and identifies that when challenges arise in areas where mandatory retirement can be justified, such as jobs where strenuous physical activity…
Anti-spam Regulation Proposed Under Bill C-28
On July 9, 2011, the federal government published proposed Electronic Commerce Protection Regulations under Bill C-28, the so-called “anti-SPAM” legislation. The proposed Regulations are administrative in nature and specifically provide definitions for terms used in Bill C-28, including “personal relationship” and “family relationship”. The Regulations also define the specific conditions under which consent would be…
Ontario Bar Association Publishes Article by Thomas Agnew
An article by Hicks Morley’s Thomas Agnew was published in the Labour and Employment Law section of the OBA’s June 2011 newsletter. In an article entitled, “Expanding the Definition of Employment Under Health and Safety Legislation” Thomas discusses the Ontario Court of Appeal’s recent decision to encompass independent contractors within the definition of “employment” under…
Bill 181, Mandatory Retirement Legislation For Firefighters, Receives Royal Assent
On June 1, 2011, Bill 181, Fire Protection and Prevention Amendment Act, 2011, received Royal Assent. As previously reported, Bill 181 amends the Fire Protection and Prevention Act, 1997 to provide for the mandatory retirement at age 60 of firefighters regularly assigned to fire suppression duties, in certain circumstances, and impose a duty of fair…
Bill 181, Mandatory Retirement Legislation For Firefighters, Passes Third Reading as Amended
On May 31, 2011, Bill 181, the Fire Protection and Prevention Amendment Act, 2011, passed at Third Reading as amended and is expected to receive Royal Assent shortly. As previously reported, Bill 181 amends the Fire Protection and Prevention Act, 1997 to provide for the mandatory retirement at age 60 of firefighters regularly assigned to…
Blue Mountain Required to Report Non-Worker Injury
A recent decision of the Divisional Court confirms that employers and contractors are required to report a critical injury or fatality suffered by a non-worker in the “workplace” to the Ministry of Labour, regardless of whether workers were present at the time of the occurrence. In this FTR Now we consider this decision and what…
Deviation From Prescribed Waiver Form Proves Costly
In the administration of a pension plan, there are a number of situations which call for the use of prescribed forms. These forms often require decisions to be made that can affect the pension plan entitlements of members and other plan beneficiaries. Sometimes, in an effort to adapt and/or make the prescribed forms more readable…
Mandatory Retirement Legislation For Firefighters Ordered for Third Reading as Amended
On May 19, 2011, Bill 181, the Fire Protection and Prevention Amendment Act, 2011, was ordered for Third Reading after being reported as amended by the Standing Committee on General Government. The Committee amended the “Reasonable Accommodation” provision found in section 2 of the Bill to provide as follows: 53.1(4) A firefighter shall not be…
Mandatory Retirement Legislation For Firefighters Referred to Committee
On May 11, 2011, Bill 181, the Fire Protection and Prevention Amendment Act, 2011, was ordered referred to the Standing Committee on General Government. As previously reported, Bill 181 would, if passed, amend the Fire Protection and Prevention Act, 1997 to provide for the mandatory retirement at age 60 of firefighters regularly assigned to fire…